Smt. Seekala Radha Rani v. Smt. Potnuru Radha Krishnaveni

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.13384 of 2016 ORDER:

The criminal petition is filed under Section 482 Cr.P.C. to quash the proceedings in DVC.No.2 of 2014 on the file of the Court of II Additional Chief Metropolitan Magistrate at Visakhapatnam, registered for the offences punishable under the provisions of the Protection of Women from Domestic Violence Act.

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor, representing the State.

Specific allegations were made in the complaint against the petitioners. The truth or otherwise of the allegations can only be decided during the course of trial. This Court is not supposed to make a roving enquiry into the allegations made in the charge sheet. I see no ground to quash the charge sheet.

In the facts and circumstances of the case and as requested by the learned counsel for the petitioners, the Criminal Petition is disposed of, directing the Court below to proceed with the trial and dispose of DVC.No.2 of 2014 within a period of one month from today, however, without insisting for the presence of the petitioners/respondents 3 and 4 for

each and every adjournment, unless it feels that their physical presence is necessary for any specific purpose. Pending miscellaneous applications, if any, shall stand closed in consequence.

___________________ M.S.K.JAISWAL, J Date: 21.09.2016 TJMR